Ohio Admin. Code 122:1-1-05 - Decertification
(A) If upon review
of the statement required by paragraph (A) of rule
122:1-1-04 of the
Administrative Code, the director of the
development services agency determines that
a workable program no longer meets the criteria of rule
122:1-1-02 of the
Administrative Code, then the director shall
will send to
the executive officer of the municipal corporation by
electronic mail notice that the workable program of the municipal
corporation is decertified effective thirty days after receipt of the notice.
The notice of decertification shall
is to include the reasons for
decertification.
(B) In the event
of decertification pursuant to paragraph (A) of this rule, the chief executive
officer of the affected municipal corporation may request a formal conference
with the director of the development
services agency or the director's
representative by giving written notice of the request within thirty days after
receipt of notice of decertification. A request for a formal conference stays
decertification of the municipal corporation's workable program. The executive
officer of the applying municipal corporation shall
send
is to provide to the director,
either together with the notice of a request for a formal conference or within
a reasonable time thereafter, any additional information, evidence, or
argument, which the executive officer contemplates the municipal corporation
may wish to present in support of continued certification at the formal
conference.
(C) Within thirty days
from receipt of a request for a formal conference, the director of
the development services agency or the director's representative
shall
will provide
in writing by electronic mail notice of a set a time and place for the
formal conference.
(D) The applying
municipal corporation may provide at the formal conference in support of
continued certification any additional information, evidence, or argument,
which shall not
may be restricted
in addition
to that submitted earlier.
(E)
Within ten days after the formal conference the director
shall
is to
notify the applying municipal corporation of his
a decision on
rehearing which may be any of the following:
(1) Affirmation of the prior decision to
decertify,
(2) Reversal of the
prior decision to decertify,
(3)
Continuance of the matter until a date certain, during which time the applicant
may show that each criterion set forth in rule
122:1-1-02 of the
Administrative Code is substantially satisfied.
(F) If a municipal corporation that has
become decertified pursuant to paragraph (A) of this rule wishes to regain its
status as an impacted city under Chapter 1728. of the Revised Code, it
shall
may
complete a new application consistent with that chapter and rules
122:1-1-02 and
122:1-1-03 of the
Administrative Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 122.06
Rule Amplifies: 1728.01
Prior Effective Dates: 08/11/1974, 09/26/1998, 02/10/2014
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(A) If upon review of the statement required by paragraph (A) of rule 122:1-1-04 of the Administrative Code, the director of the development services agency determines that a workable program no longer meets the criteria of rule 122:1-1-02 of the Administrative Code, then the director he shall send to the executive officer of the municipal corporation notice that the workable program of the municipal corporation is decertified effective thirty days after receipt of the notice. The notice of decertification shall include the reasons for decertification.
(B) In the event of decertification pursuant to paragraph (A) of this rule, the chief executive officer of the affected municipal corporation may request a formal conference with the director of the development services agency or the director's representative by giving written notice of the request within thirty days after receipt of notice of decertification. A request for a formal conference shall stay decertification of the municipal corporation's workable program. The executive officer of the applying municipal corporation shall send, either together with the notice of a request for a formal conference or within a reasonable time thereafter, any additional information, evidence, or argument, which he contemplates the executive officer contemplates the municipal corporation may wish to present in support of continued certification at the formal conference.
(C) Within thirty days from receipt of a request for a formal conference, the director of the development services agency or the director's representative shall set a time and place for the formal conference. which shall be scheduled not less than five nor more than thirty days from the receipt date of the request for a formal conference.
(D) The applying municipal corporation may provide at the formal conference in support of continued certification any additional information, evidence, or argument, which shall not be restricted to that submitted earlier.
(E) Within ten days after the formal conference the director shall notify the applying municipal corporation of his decision on rehearing which may be any of the following:
(1) Affirmation of the his prior decision to decertify,
(2) Reversal of the his prior decision to decertify,
(3) Continuance of the matter until a date certain, during which time the applicant may show that each criterion set forth in rule 122:1-1-02 of the Administrative Code is substantially satisfied.
(F) If a municipal corporation that has become decertified pursuant to paragraph (A) of this rule wishes to regain its status as an impacted city under Chapter 1728. of the Revised Code, it shall complete a new application consistent with that chapter and rules 122:1-1-02 and 122:1-1-03 of the Administrative Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 122.06
Rule Amplifies: 1728.01
Prior Effective Dates: 08/11/1974, 09/26/1998, 02/10/2014
Promulgated Under: 119.03
Statutory Authority: 122.06
Rule Amplifies: 1728.01
Prior Effective Dates: 8/11/1974, 9/26/1998